FDA Sets Rules for Vending Machine Calorie Info

WASHINGTON -- Chain restaurants, vending machines, and convenience stores would all have to prominently display the calorie counts of their foods under two proposed rules released by the FDA Friday.

The Affordable Care Act (ACA) mandated that vending machines and food establishments with 20 or more locations -- which includes fast-food restaurants, bakeries, coffee shops, and certain grocery and convenience stores -- display the calorie counts of their food items. The new rules would implement that portion of the law.

Establishments whose primary purpose is not to sell food -- such as movie theaters and bowling alleys -- would not be subject to the law, meaning giant tubs of buttery popcorn and pizzas and nachos wouldn't have to carry a calorie-count label.

"These proposals will ensure that consumers have more information when they make their own food choices," said Department of Health and Human Services Secretary Kathleen Sebelius in a press release. "Giving consumers clear nutritional information makes it easier for them to choose healthier options that can help fight obesity and make us all healthier."

In addition to requiring restaurants to display calorie counts of specific foods prepared on site, the ACA also requires menus and menu boards to carry statements about suggested daily caloric intake. The FDA's proposed rule suggests the statement read, "A 2,000-calorie diet is used as the basis for general nutrition advice; however, individual calorie needs may vary."

Eating establishments would have to make additional nutritional information available upon request.

The rule will likely be most onerous for fast-food restaurants. But convenience stores, whose products generally already carry nutrition information, would have to list calorie information for foods prepared on site, such as sandwiches and salads.

Under the proposed vending machine rule, operators who own or operate 20 or more vending machines would post calorie information for food sold in the machine, unless certain nutrition information is already visible on individual packages of food.

Some chains, such as Starbucks, have already begun listing calorie counts on food, and the practice is already required in California and New York.

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